What Is Negligence In a Car Accident Injury Claim?

Posted By Twiggs, Strickland & Rabenau || 22-Feb-2016

If you are injured in a
car accident, you may have grounds for a
personal injury claim. In these claims, however, it is crucial to prove that the injuries
you suffered are the result of the negligent actions of another. While
negligence is easy to understand on paper, proving it in court is typically
far more complex. In this blog, our North Carolina car accident injury
attorneys take a look at the four elements of negligence.

1. The Driver Owed You A Duty

The process begins by proving that the driver had a responsibility to act
in a certain way. In car accident cases, evidence like the North Carolina
Driver’s Handbook can be invaluable as it establishes the way a
driver is supposed to act in certain scenarios. Examples of a driver’s
duty include:

The duty to stop at a red light

The duty to drive in accordance with posted speed limits

The duty to keep your car safely maintained

2. The Driver Breached This Duty

Once you have established that the driver was supposed to act in a certain
way, you then must prove that they deviated from this duty. While this
sounds easy, real-life situations are often very complex. Your attorney
may use police reports, accident reconstruction specialists, and other
pieces of evidence to prove this.

3. The Breach Directly Caused Injuries

At this stage, you have proven that the driver owed you a duty, and that
they breached this duty. You must then prove that you suffered injuries
as a result of the breach. Your medical records will be a valuable piece
of evidence in this stage of the process.

4. You Suffered Monetary Losses

The last step is essentially valuating your injuries and other losses you’ve
suffered, referred to as ‘damages.’ Things like the cost of
a replacement vehicle are relatively easy to assign value to; things like
pain and suffering are not. A quality attorney is extremely important
at this stage, as they can fight for the fair compensation you deserve.